Warren Dean has handled some of the most complex and significant appellate cases concerning the federal regulation of commerce and domestic/international transportation, including 12 appearances and several landmark decisions in the U.S. Supreme Court. He has represented several of the nation’s largest transportation and energy interests — states, major oil companies, airlines, ports, and their respective trade organizations, counterparties, and suppliers — before the courts, federal agencies and Congress in Washington, D.C.

When Congress is drafting related legislation with particularly complicated facets, Warren is often called upon to serve as a legislative and technical advisor. When Congress was writing the Oil Pollution Act following the Exxon Valdez accident, he helped to craft a workable funding scheme ensuring that a new excise tax would be used for the purpose intended. He has been consulted by the Department of Transportation, where he formerly served as assistant general counsel for international law.

While in government, Warren drafted the brief of the United States in Japan Line, Ltd. v. County of Los Angeles, which set aside state taxation of shipping containers moving in foreign commerce. He represented the U.S. airline industry through the Air Transport Association of America in EL AL Israel Airlines, Ltd. v. Tsui Yuan Tseng, affirming the supremacy of the rules of the Warsaw Convention over state law claims against airlines. He successfully argued Federal Maritime Commission v. South Carolina State Ports Authority, upholding the sovereign immunity of state instrumentalities from private complaints before federal administrative tribunals.

And when the aviation industry was interested in ratifying The Montreal Convention, which establishes and governs airline liability around the world, it hired Warren not only to draft the new treaty, but also to get it approved by the U.S. Senate and implemented. He delivered, and to date this is the only private international law treaty to have been so adopted and implemented. Whenever any U.S. passenger gets on board any U.S. airline to travel internationally, they fly under contract terms he drafted.

experience

Serves as co-counsel representing the state of California in a 12 billion dollar, transportation-related dispute with the U.S. government. It involves federal funds for transit agencies and a decision holding that California had not met the conditions for funding.

U.S. Supreme Court

  • South Dakota v. Wayfair Inc. (Amicus) 2018
  • All Nippon Airways v. Wortman (Amicus) 2017
  • Franchise Tax Board v. Hyatt (Amicus) 2015
  • Northwest, Inc. v. Ginsberg (Amicus), 572 U.S. 273 (2014)
  • Amalgamated Transit Union v. Dallas Area Rapid Transit (Respondent), 556 U.S. 1289 (2009)
  • United Airlines v. Hosaka (Amicus), 537 U.S. 1227 (2003)
  • Metropolitan Transportation Authority v. Greene (Amicus), 538 U.S. 1031 (2003)
  • Federal Maritime Commission v. South Carolina State Ports Authority (Argued on behalf of Respondent), 535 U.S. 743 (2002)
  • Federal Express Corporation v. Fujitsu (Petitioner), 534 U.S. 891 (2001)
  • El Al v. Tseng (Amicus), 525 U.S. 155 (1999)
  • Wardair Canada v. Florida Department of Revenue (Amicus), 477 U.S. 1 (1986)
  • Japan Line Ltd. v. County of Los Angeles (Amicus), 441 U.S. 434 (1979)

U.S. Courts of Appeals

  • ATU v U.S. Department of Labor (9th Circuit) 2024
  • Federal Express Corporation v. Mineta (D. C. Circuit), 373 F.3d 112 (2004)
  • Lloyd v. American Airlines (8th Circuit), 291 F.3d 503 (2002)
  • South Carolina State Ports Authority v. FMC (4th Circuit), 243 F.3d 165 (2001)
  • United States v. Tucor International (9th Circuit), 189 F.3d 834 (1999)
  • Rohm & Haas v. International Trade Commission (U.S. Court of Customs and Patent Appeals), 554 F.2d 462 (1977)

  • Georgetown University Law Center, Adjunct Professor, Graduate Program, 1989-Present
    • Recipient of the Charles Fahy Distinguished Adjunct Professor Award, 2007-2008
  • Georgetown University, L.L.M., Tax Law, 1979
  • The University of Maryland, J.D., 1975
  • The University of Maryland, B.A., 1972

Admissions

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, DC Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 4th Circuit
  • The Supreme Court of the United States

  • Spanish (oral fluency)

  • Georgetown Law Center adjunct professor for 30 years

  • Georgetown Law Center, Charles Fahy Distinguished Adjunct Professor Award, 2008
  • Dozens of articles published in periodicals and newspapers

  • “The Important Questions In High Court’s CFPB Funding Case,”
    Law360, June 6, 2023
  • “Shippers, are you ready for SOLAS’ verified container weight mandate?”
    April 4, 2016
  • Co-Author, “Financing Vessels with the Capital Construction Fund Program”
    ELT Magazine, March-April 2011
  • “Alliances, Immunity, and the Future of Aviation”
    The Air and Space Lawyer, January 2010
  • “Dissecting the Jones Act” 
    Congressional Record – Senate, Proceedings and Debates of the 105th Congress, 143 Cong. Rec. S2795-02, 143 Cong. Rec. S2795-02 (1997)

  • AAPA Port Administration and Legal Issues Seminar
    Boston, MA August 2, 2013
  • “Cross-Border Investment in International Airlines”
    Air & Space Law Annual Meeting, Global Skies: Working Towards an Open Global Aviation System, August 4, 2000
  • “Global Warming and the Transportation Industry”
    Panel Presentation for the Federal Bar Association at the Department of Transportation, March 15, 2000

When I am not engaged in my Supreme Court and appellate practice, I enjoy writing articles and teaching.